MIAMI UNIVERSITY - THE GRADUATE SCHOOL CERTIFICATE FOR APPROVING THE DISSERTATION We hereby approve the Dissertation of Christopher S. Kelley Candidate for the Degree: Doctor of Philosophy __________________________________________________ Ryan Barilleaux, Director __________________________________________________ Richard G. Forgette, Reader __________________________________________________ Patrick J. Haney, Reader _________________________________________________ Andrew Cayton Graduate School Representative Abstract: THE UNITARY EXECUTIVE AND THE PRESIDENTIAL SIGNING STATEMENT. Christopher S. Kelley The presidential bill signing statement has generated very little attention by political scientists interested in presidential power and the relationship between the Congress and the president. Despite its lack of interest by presidential scholars, it is a commonly used device by presidents dating all the way back to the Monroe administration. This dissertation offers the first systematic examination of what the signing statement is, how it is used, and why it has become important to the executive branch in the last thirty years. The Unitary Executive and the Presidential Signing Statement A Dissertation Submitted to the Faculty of Miami University in partial fulfillment of the requirements for the degree of Doctor of Philosophy Department of Political Science by Christopher S. Kelley Miami University Oxford, Ohio 2003 Dissertation Director: Ryan J. Barilleaux c. Christopher S. Kelley 2003. Table of Contents Acknowledgments v Chapter One Introduction 1 Chapter Two The Unitary Executive 10 Chapter Three The Signing Statement 41 Chapter Four Institutionalization of the Signing Statement 75 Chapter Five The Bush Administration 109 Chapter Six The Clinton Administration 145 Chapter Seven Conclusion 182 Appendices 197 Bibliography 205 iii To my loving wife Sandy, without whose strength and support none of this would be possible. iv Acknowledgements This project has been a number of years in the making. In July 1989, I finished the graduate program in international affairs at the University of Dayton with a specialization in Soviet Politics. In December of that year, the whole Soviet system collapsed and the marketability of my degree went along with it. Rather than continue to pursue a Ph.D., I took time off from study and instead took my pursuits elsewhere. I taught community college part time and worked full time as a plumber, earning me the nickname “The Plumbing Professor”. I never would have been able to return to study had I not met my wife Sandy, whose career as a medical doctor enabled me to quit my jobs and become a full time graduate student once again. That made all the difference in the world. In the fall of 1996, I started the doctoral program in Political Science at Miami University in Oxford, Ohio. It was in that semester that I was fortunate enough to take a seminar on the presidency offered by Ryan Barilleaux that gave me the genesis of this project. Professor Barilleaux persuaded me to research for a seminar project this little known presidential tool called the signing statement. The rest, as they say, is history. I am fortunate to be able to include Dr. Barilleaux as mentor and friend. A special thanks also goes to my committee members, Rich Forgette, Pat Haney, and Andrew Cayton. Their input has proven valuable. I would also be remiss not to thank a great deal of other people throughout my life who have contributed to this work. First, Bevan Garwood who encouraged my interest in politics when I was only a teenager; Dr. Gerald Kerns, above anyone else, has seen more in me v that I was ever willing to admit. He is the personification of a great scholar. At Miami University, Dr. John “Jammer” Rothgeb, Graduate Director has become a very good close and personal friend as well as colleague; Dr. Laura Neack has pushed me as an intellectual and in the process has become a great friend; Dr. Sheila Croucher, who I graduated high school with and only got to know well when I started the program at Miami. She and I have made up the distinguished first class of “Rejai Fellows”; Dr. Herb Waltzer, who came briefly out of retirement to help me hone my interest in the media; Dr. Phil Russo, who has always tried to help graduate students even if they do not study public administration; Dr. Clyde Brown, colleague, friend, and fellow traveler; and finally Dotti Pierson, graduate secretary and my second mom. She is the greatest asset any department could ever have. I have also been blessed with a great group of friends who have encouraged my intellectual and personal growth. Ken Crum and Tim Bernhard have been two of my oldest and dearest friends. Joe Gibson, a college chum who always served as a great sounding board. From Miami, Mark “the Shark” Sachleben, whose generosity knows no limits; Andrew “dudasa” Dudas has been a great friend; Mark Morris, for making me feel welcome when I came into the program; Kevan Yenerall, who has been both a collaborator and a friend; Darren “Tex” Wheeler and his wife Stacey, two people meant for each other; Chris Woolard, foosball partner and friend; and Kristen Meichsner nee Petrocelli, who needs to finish her masters and return to academia. Lora Ginn, departmental secretary in the Humanties Department at Sinclair Community College who has believed in me from the start, as vi has Jean Poindexter, departmental secretary in the Political Science Department at the University of Dayton. You both have been great! In the summer of 2001, I had the great fortune to attend the summer scholars program sponsored by the Supreme Court Historical Society. It was there that I both met some very great people and found the theoretical portion of this dissertation. First, to Dick Pious and Bill Leuchtenberg for their outstanding leadership during the three weeks I stayed in Washington D.C.; Nancy Kassop at SUNY New Palz, who has continued to this day to connect me to some outstanding scholars; George Thomas from the University of Massachusetts, Amherst who has been a great friend and colleague; Graham Dodds from the University of Pennsylvania, who showed me a bar that sold Colt 45 on tap; and Mike Cairo at Georgetown College. In the fall of 2001 I began a fellowship with the Kettering Foundation in Dayton, Ohio. That experience opened me up to a new world of opportunities to which I am forever grateful. Dr. David Mathews contributed to my dissertation by letting me pluck his brain regarding his experience as the Secretary of Health, Education, and Welfare during the Ford administration; Dr. Randy Nielsen was instrumental both in his help with the quantitative portion of this dissertation as well as his help in fine tuning the argument in this dissertation; Dr. John Cavanaugh for his support and encouragement to finish this project; Anne Thomason for her friendship and her help in editing portions of my work; Maria Teresa Martinez for her generosity; and Amelia Law-Johnson for helping me with everything during my year at the Foundation. And last, but certainly not least, is the help and support from my family. To my parents, Thomas and Bonnie, who instilled in me the value of hard work and for always loving me no matter what I did; my vii sisters Lisa Throckmorton and Emily McCann for being the best sisters any brother could ask for; my Grandpa Warren Grutsch for spurring my earliest interest in politics; my Grandma Betty Grutsch who I miss every day; my Grandpa and Grandma George and Lena Kelley who I also miss terribly; and my Father and Mother-in-law Bob and Betty Hans, who have treated me as a son rather than a son-in-law. I finally want to mention my wife and daughters. To Sandy, who, despite her better judgment married me anyways and has always supported whatever I have wanted to do without reservation. To my daughters Megan and Zoe—you girls have given me boundless joy and I learn from you two every day. I am a better person with all of you in my life. I hope that I have not left anyone out. None of this would have been possible without any of you. While this project has been made better with all of your guidance and support, any errors within remain solely mine. viii Chapter One Introduction When Governor George W. Bush was campaigning for the presidency, he appeared on the ABC Sunday morning talk show, “This Week with Sam Donaldson and Cokie Roberts.” This was in early January 2000, and he was being asked a number of questions about how a President George W. Bush would govern. One question, from George Will, was aimed at campaign finance reform. After asking Governor Bush whether he thought the president had a constitutional duty to independently interpret the Constitution, which Governor Bush agreed he could, Will asked him if he would veto McCain-Feingold or Shays-Meehan, the two campaign finance reform bills in Congress because they unconstitutionally infringed upon free speech. Governor Bush did not hesitate in telling Will that he would veto the bill due to its infringement upon free speech.1 Flash forward to March 27, 2002, and President George W. Bush is fixing his signature onto the “Bipartisan Campaign Finance Reform Bill of 2002,”2 and noting that, while not perfect, it will “improve the current system for financing federal campaigns.”3 George Will noted the “stealthy” manner in which he signed the bill, and then noted with bitter disdain that “…[It] is his job to defend the Constitution…” and to those who filed suit to block it, Will noted that “… someone has to do 1 Will1, George. “This Week with Sam Donaldson and Cokie Roberts.” ABC News. January 23, 2000. Lexis-Nexis online (www.nexis.com).